APRC 120202 appendix 2 (PDF - 958KB) - University of Birmingham

Appendix FiveInsuranceInsurance: General introductionThe University owes a duty of care to its students and needs to take reasonable steps toensure that the students are not injured during placement activitiesInsurance needs to be considered from the various perspectives of what could go wrong and whocan be adversely affected. This appendix provides a brief summary of generally available insurancecover that is particularly relevant to student placements.Placement Learning Co-ordinators can seek further advice from the Insurance Office, they may alsoneed to consider if a risk assessment is appropriate to be prepared for the proposed placement by aresponsible person.The University is not approved by the Financial Services Authority either to charge students forinsurance cover or to provide advice to students on insurance cover.To comply with Financial Services Authority regulations, Departments must not recharge studentsfor the cost of insurance.Cover for legal liability to the studentThe University’s Public Liability Insurance provides cover in respect of the University’s own legalliability to its students (and to the placement provider if the University were found to be liable). Thestudent (and the placement provider) can be assured that the University will have the resources tomeet a legal claim from anyone who suffers as a result of something that is the fault of the institution.This insurance will not cover anything that is the legal liability or responsibility of someone else(including the student), and for placements in the UK it would be normal to expect the placementprovider to have equivalent cover in place.For work placements, the placement provider may have Employers’ Liability (EL) or Workers’Compensation Insurance that will provide cover for the placement provider’s liabilities to the student.An important feature of this type of liability insurance is that payment of compensation will dependon the student establishing the legal liability of the HEI or placement provider.The Public Liability cover will indemnify the Host Organisation (and the Institution as a Principal withagreement of the organization) if, following injury or damage, a third party subsequently makes aclaim against the Host Organisation.Cover is on a legal liability basis and the Host Organisation must be deemed to be legally liablebefore any injury or damage payment is madeInjuries to the student during the course of work on placement – UK placementsWithin the United Kingdom the placement provider is responsible for the health and safety of thestudent whilst on placement as if the student were their employee.Most employers are required to hold Employers’ Liability (EL) Insurance, and there is an agreementamong the UK insurance industry that work experience persons will be regarded as employees by allUK insurers and covered by EL policies.